Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/142

 130 jewels to ranom him when taken prioner by the Vandals. However this be, the reaon, which our law gives for adopting it, is a very plain and a enible one; for the utenance of the wife, and the nurture and education of the younger children.

treating of this etate, let us, firt, conider, who may be endowed; econdly, of what he may be endowed; thirdly, the manner how he hall be endowed; and, fourthly, how dower may be barred or prevented.

1. may be endowed. She mut be the actual wife of the party at the time of his deceae. If he be divorced a vinculo matrimonii, he hall not be endowed; for ubi nullum matrimonium, ibi nulla dos. But a divorce a mena et thoro only doth not detroy the dower ; no, not even for adultery itelf, by the common law. Yet now by the tatute Wetm. 2. if a woman elopes from her huband, and lives with an adulterer, he hall loe her dower, unles her huband be voluntarily reconciled to her. It was formerly held, that the wife of an idiot might be endowed, though the huband of an idiot could not be tenant by the curtey : but as it eems to be at preent agreed, upon principles of found ene and reaon, that an idiot cannot marry, being incapable of conenting to any contract, this doctrine cannot now take place. By the antient law the wife of a peron attainted of treaon or felony could not be endowed; to the intent, ays Staunforde, that, if the love of a man's own life cannot retrain him from uch atrocious acts, the love of his wife and children may: though Britton gives it another turn; viz. that it is preumed the wife was privy to her huband's crime. However, the tatute 1 Edw. VI. c. 12. abated the rigor of the common law in Rh